Donnchadh Ó Laoghaire (Cork South Central, Sinn Fein)
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On the question of the lack of clarity in implementing Article 42A of the Constitution, if I understand the witnesses correctly, there are three difficulties involved. The first arises where an expert is not appointed and there is not a lot of clarity around what should happen. Second, there is not a lot of clarity around determining whether the child has the capacity to have his or her voice heard. The third difficulty arises where an expert is to be appointed but the parties cannot pay for it. Would greater clarity on the first matter, in terms of what happens if an expert is not appointed, be the most crucial issue? Obviously, all of the difficulties have to be addressed but would the first be the most important? Would clarity in that aspect provide for greater consistency across the board? Does the Child Care (Amendment) Bill address any of the issues that they have identified in the context of clarity?